L1B to L1A transition

[Anand A]

I have been in the US on L1B visa for the last 3+ years (1 extension done). My company is willing to transition me to a managerial role and is also willing to apply for conversion for L1B to L1A visa.

I have a few questions WRT the same. Can you please help answer these ?

1) Should the L1B to L1A conversion application be filed before transitioning to managerial role or after it ?

2) If it should be filed after a transition, then is there a minimum period I should spend in the managerial role before the application is filed ?

3) If the transition to managerial role should happen before applying for L1A visa, then is that legal ? In the sense that L1B is supposed to be a specialized knowledge role and working as a manager with that visa sounds incorrect.

4) If the L1B to L1A conversion is rejected, and I have already transitioned to managerial role before the application was filed, then does this type of scenario cause issues with continuing to stay in the US on L1B visa (again for the same reason as above i.e. L1B is meant for specialized knowledge and by virtue of the application, USCIS has been informed that the employee is working in a managerial position) ? Also, should the employee in such scenarios transition back from managerial role to the specialized knowledge role ?

[uscisplsapproveme]

L1A requires that you were in a managerial role before and will also now work in a manager role. It also requires that your prior manager role was outside the US with the same company within past 3 years of applying for L1A. If you have been in the US for 3 years already in a non manager role, then I don't know how you can meet that requirement...

[uscisplsapproveme]

If L1A is rejected and you have already taken the manager role, then you have to file an L1B amendment. Remember...your original L1B was for a specific role. If you change that role, you have to notify USCIS so they can evaluate whether you new role (manager or not) is still qualified for an L1B. You can't just change roles like that...if they do a site visit and find you working a different role, you will get **** and go straight to NOIR.

[Anand A]

Well, there is enough web results suggesting L1B to L1A transition is possible but there is not a lot of clarity (for example, no post clearly states if the person should have been manager earlier or can transition from non-manager to manager role).
I have seen other forum posts suggesting that folks transitioned to managerial work while being in US on L1B visa and then applied for a change of status.
E.g. : https://www.immihelp.com/forum/usa-l...l1a-conversion

I do see some things answered by this USCIS PDF : https://www.uscis.gov/sites/default/...uides/C1en.pdf
This clearly says not to transition role without the corresponding visa, which makes sense but casts doubt about the forum posts like the one cited above -- how did those companies transition someone to managerial role without the requisite visa ?

The above USCIS PDF asks for submit I-539 whereas some other web results like the ones below suggests that this will need a fresh I-129 :The instructions on I-539 also do not include any scenario of L1B to L1A transition, so I am assuming this will be a case of fresh I-129.

[uscisplsapproveme]

The "conversion visa" from that first link does not exist. There is no capability of changing visa status from L1B to L1A just like there is no clear change of status from say an H1 to an L1. These are all fresh applications which means you have to fulfill the visa requirements at point of application.

I certainly think L1B to L1A change is possible...say someone moves from a sales director role outside the US to a technical lead role in the US...the latter role is not a manager so would qualify for L1B instead of L1A. But say 2 years in the US they get another role which is now VP Engineering...now this qualifies for L1A because it's a manager/executive role and they also had a manager role outside the US within the previous 3 years. So they would apply for L1A and get it...this is not a conversion...it's a literal new application

[rkk09]

Hi Member,
Please see my response below.
1) Should the L1B to L1A conversion application be filed before transitioning to managerial role or after it ?
Answer: As per the requirements for L1A, you must have at least 6 months on Managerial role prior to the expiration of the total five year limit on a L1-B visa authorization. Please note, L1B to L1A will be considered as change of status.
2) If it should be filed after a transition, then is there a minimum period I should spend in the managerial role before the application is filed ?
Answer: Yes. As I mentioned above, minimum 6 months. But here I would underline the word, each immigration situation is unique and depend on its own facts it will be processed.
3) If the transition to managerial role should happen before applying for L1A visa, then is that legal ? In the sense that L1B is supposed to be a specialized knowledge role and working as a manager with that visa sounds incorrect.
Answer: Yes. It sounds really incorrect. Because, L1A requirement is different and you must make sure whether you are meeting the basic requirements before you take initiation.
4) If the L1B to L1A conversion is rejected, and I have already transitioned to managerial role before the application was filed, then does this type of scenario cause issues with continuing to stay in the US on L1B visa (again for the same reason as above i.e. L1B is meant for specialized knowledge and by virtue of the application, USCIS has been informed that the employee is working in a managerial position) ? Also, should the employee in such scenarios transition back from managerial role to the specialized knowledge role ?
Answer: You can again consider filing L1B. But again meet the basic requirement to go back. Better have a discussion with Immigration Attorney for better solution.
Thanks